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Terms of sales

Introduction

AGNES B UK LTD makes its best efforts to ensure accurate and updated information on this site, as well as the access to such information.

The AGNES B UK LTD uses various methods in order to protect the personal data provided by web surfers, such as to avoid any unauthorised access, use or disclosure thereof. The electronic data and databases are stored within secure servers, for which access is controlled by the AGNES B UK LTD company.

However, the AGNES B UK LTD cannot guarantee absolute security of the Internet network nor of any online communication.

However, AGNES B UK LTD declines any and all responsibility for the following:

any interruption of the site;

bugs which may arise;

for any inaccuracy or omission in connection with the information available on the site;

any damage resulting from outside party's wrongful intrusion causing any modification to the information available on the site;

nor in a general manner for any direct or indirect damage whatsoever, regardless of the origin, nature or consequences thereof, including particularly without limitation any costs arising from the online purchase of goods resulting from any person's access to the site or the impossibility of accessing the site, or from reliance on any information of which the site is the direct or indirect source.

Purpose

The purpose of these Terms and Conditions of Sale is to set out the rights and obligations of both Parties, exclusively because of the relationships they initiate on the Internet, with respect to any and all online sales of Products offered on the Site.

They apply to all the steps necessary to place the order and ensure the follow-up of such order as contracted between the Parties.

This document, in the version in force on the date the purchase is made, is the sole document applicable to the relationship between the Parties; it cancels and supersedes any other document.

Products

The Products offered for sale by Agnès b. are those featured on the Site, on the date when the User consults the Site and insofar as the Products are available in stock.

Should any Product be out of stock, the Buyer will be informed as quickly as possible.

The photographs and texts illustrating the Products are non-contractual. Agnès b. cannot be held responsible for erroneous photographs or texts.

Prices

Prices are posted in Pounds all taxes included and are valid for United-Kingdom. They include any reductions applicable on the order date. The VAT is the one in force on the French territory on the order date.

All orders placed through the Site for delivery outside France may be subject to taxes and customs duties at the destination point. Such customs duties and taxes due on delivery of an article are borne by the Buyer, who assumes the payment obligation. Agnès b. is not obligated to verify and inform the Buyer of any applicable customs duties or taxes.

The prices posted on the Site are guaranteed on the date of order and for articles available in stock, reserve made for significant changes and, in particular, VAT, manifest printing error or omission.

Prices do not include delivery expenses which are billed in addition, the User being informed thereof upon final confirmation of the order.

Agnès b. reserves the right, and the User accepts, to change the prices at any time. However, the Products will be billed based on prices in force when the order is placed, provided that said Products are available in stock.

3.1 On-site navigation

The User can view the various Products offered for sale by Agnès b. on the Site.

The User may navigate freely on the pages of the Site with no commitment to purchase via an order.

3.2 Order registration

If the User wishes to place, he/she chooses the desired Products and signals his/her interest by clicking on "add to cart".

The User may at all times:

obtain the list of Products selected by clicking on the shopping bag;

continue or change the selection of Products by returning to the catalogue

confirm his/her order by clicking on "Proceed to check out".

To order the selected Products, after clicking on "Order", the User must identify him/herself

by entering his or her email address and password chosen when opening the personal account if he/she possesses one. The User is hereby informed of and consequently accepts the fact that entering these two identification marks is valid as proof of his or her identity and consent;

if the User does not possess any personal account, by entering his/her email address and filling out accurately the form provided, with all information necessary to identification and to the delivery of the order (particularly his/her name, first name, postal address, phone number). In this case, the User will have a choice to open a personal account (by indicating a chosen password which will be treated as personal and confidential, which will be needed in the future for identification to access the Site), or to place his/her order as a guest, without opening any personal account. In the latter case, the User’s personal information will not be kept by Agnès b., and the User will be able to keep track of his or her order only through the link provided in the confirmation of dispatch email.

Once the User is identified, the delivery address must be confirmed (as laid down in clause 4 below), then an order form will appear onscreen, restating: the nature, quantity and prices of the User's chosen Products, as well as the total amount of the order, postages charges, the User's personal information and the address for delivering the Products.

Commercial offers

If the User wishes to benefit from the commercial offer he/she has received by post or email, or available directly from his/her personal account, or pertaining to the selected Products appearing in the shopping bag, he/she will need, depending on the type of commercial offer:

to enter and confirm his/her “preferencial code” in the appropriate field located on the Website’s Cart page;

to reach the number of products and/or the total amount of the Cart indicated in the offer to benefit from it.

3.3 Final confirmation of the order

After reviewing the order, and once all requested information is provided by the User, a summary of such information and the order will appear. After having taken note of this summary, and before proceeding with the payment, the User will read carefully the Terms and Conditions of Sale, and click in the box next to the phrase " Please check this box to confirm you have read and agreed the Terms and Conditions ".

To access to the secure payment website, the User clicks on the type of card used for payment in order to confirm the order definitively. The User must then enter the number of his or her bank debit or credit card, according to type, the date of expiration and the three-digit security code on the back of the credit card.

The secure electronic payment platform‘s server is made secure via an S.S.L. (Secure Socket Layer) code in order to protect all payment data as thoroughly as possible. At no time are the User's banking data transmitted to the Agnès b. information systems. As a consequence, Agnès b. is free from any and all liability in that respect.

As soon as payment is validated, the order is placed and becomes irrevocable. The order form will be registered in the Agnès b. information archives and kept in a reliable and sustained support system, serving as evidence of the contractual relationship between the two Parties.

In accordance with clause 5 below, the Buyer is entitled to retract his or her order and to be reimbursed for a period of fifteen (15) business days starting from the day of reception of the Products by the Buyer.

3.4 Confirmation of the order

A summary order receipt will appear onscreen once the order is confirmed.

This serves as confirmation and restates all the information which constitutes the agreement between the two.

A document restating all this information, being equivalent to an acknowledgment of receipt, will also be sent to the Buyer via email to the email address provided by him/her. This document will mention the tracking link of the order, enabling the Buyer to keep track of its progress.

The Buyer having placed his/her order through the creation of a personal account will then have access to his or her order as well as to his/her information in its entirety by clicking on "Your account" and by filling out his/her mailing address and password.

3.5 Gifts

The Buyer may purchase gifts for friends through the Site. The ordering procedure is the same as the one followed for personal purchases. The Agnès b. Site enables the Buyer to send a personalized message to the recipient of the gift. This message will appear on the shipping documents delivered along with the goods.

Agnès b. guarantees that the price for the article will not appear on the shipping documents.

The recipient of the gift will also have the benefit of all the guarantees contained in clause 6 below.

Delivery

Delivery times and shipping methods:

Agnès b. will do its best to ensure that the order is prepared and dispatched within an average timescale of one (1) to five (5) working days from the day after the order is confirmed by the Buyer.

For deliveries in United Kingdom, the delivery time shall be (2)to (5) days for shipments with DHL.

The recipient can track his/her parcel on the Site in the “Client area” or at http://www.dhl.com/en/express/tracking.html giving the parcel number which he/she will have received by e-mail when the order was confirmed.

Countries to which goods are delivered

The Products ordered by the Buyer will only be delivered to United Kingdom, to the address indicated on the order form by the Buyer.

Delay / no delivery:

DHL is a very reliable service. However, as for any shipment, it is possible that there could be a delay in delivery or that the product is lost. If there is a delay in delivery (more than 6 days from dispatch of the order for DHL), the Buyer must inform Agnès b Customer Services: AGNES B UK LTD. – Com Plus. This may be done by telephone on + 44 20 3318 8337 , or by e-mail to customer.service@agnesb.eu. Agnès b. will send the information to DHL to trigger the start of an investigation. If the product is found during this investigation, it will immediately be redirected to the address of the Buyer (in most cases). If on the other hand the product is not found during the investigation, DHL will consider the parcel to be lost. If this is the case, Agnès b. will send you a replacement product at its expense. If the lost product(s) are no longer available at this time, Agnès b. will reimburse you for the cost of these products. Agnès b. takes no responsibility for extension to delivery times due to the carrier, particularly in cases of loss of products or strikes.

Reception of the order:

When receiving the order, the Buyer check the conformity of the Products received in execution of his or her order.

Any anomaly relating to delivery (damage, non-conformity, product mentioned on the delivery form missing, damaged parcel, broken products, etc.) is noted on the delivery form as “handwritten reservations” accompanied by the signature of the Buyer. The Buyer must confirm this anomaly by sending the carrier a Special Delivery letter detailing the said claims within two (2) working days following the delivery date. The Buyer must send a copy of this letter by email to customer.service@agnesb.eu, or by mail to Agnès b. Service client, ASM, 63 rue Edouard Vaillant, 92300 Levallois-Perret (France).

Except if there is a legitimate reason, any claim not brought to Agnès b.’s attention within 21 days following the day of reception of the Products will be considered as inadmissible and Agnès b. will be free from any and all liability in that respect.

Agnès b. reserves the right to ask the Buyer to send the non-conform or damaged Product back.

In case of anormal or abusive returns, Agnès b. reserves the right to refuse to honor a later order.

Fraud prevention:

In order to protect our clientele from possible fraudsters, Agnès b. reserves the right to perform checks on addresses and identity for some orders. The aim of these checks is to verify the compliance between the identity of the cardholder and the identity of the buyer and his/her billing address. Agnès b. wishes to ensure that the client is truly the person placing the order and not a fraudster who has wrongfully obtained these bank details. In this context, Agnès b. reserves the right to set up a 3D-Secure security device.

Right of whithdrawal

Pursuant to article L221-18 et seq of the Consumer Code, the Buyer has a time limit of fourteen (14) days counting from the date he/she acquires physical possession of the Products to exercise his/her right of withdrawal, without giving any reason.

The Buyer notifies Agnès b. his/her decision to withdraw by way of an unequivocal statement addressed by email to customer.service@agnesb.co.uk, or by mail to: Agnès b. Service client, ASM, 63 rue Edouard Vaillant, 92300 Levallois-Perret (France).

agnès b. will send him/her without delay by email an acknowledgement of receipt of the withdrawal.

The Buyer will have to return the Products,in organizing the pick-up with DHL via his/her account on agnesb's website, in their original packaging and packing and as new (unworn, unwashed, with their label and materials tag intact), to the following address:

AGNES B UK LTD - Service retours e-commerce, Paris Nord II, 170, rue de la Belle Etoile 95700 Roissy en France (France) without undue delay and in any event not later than fifteen (15) days from the day on which he/she has communicated his/her decision to withdraw.

The Buyer is responsible for all shipping risks, Agnès b. will not be responsible in case of loss, theft or delay of the returned product. The burden of proof is on the Buyer.

The Buyer shall not be liable for any diminished value of the goods resulting from the handling of the goods necessary to establish the conformity of the Products to his/her expectations.

The return notice available on the Site (prefilled return notice available in the Buyer’s personal account), duly filled and printed, shall be sent together with the Products.

Upon fulfillment of the above conditions, Agnès b. will reimburse the amounts paid by the Buyer (including delivery charges only if the Buyer returns his/her entire order) without undue delay and in any event not later than fourteen (14) days starting from the date the Buyer has notified Agnès b. his/her will to withdraw his/her order.

Agnès b. may withhold the reimbursement until reception of the returned Products or until the Buyer has supplied evidence of having sent back the Products (by scanning the sending evidence document and sending it by email at: customer.service@agnesb.eu), whichever is the earliest.

Agnès b. will proceed with the reimbursement using the same payment method as the one used by the Buyer for the initial payment, unless the Parties agree on a different payment method. In any event, the Buyer will not bear any expenses due to this reimbursement.

Guarantees

All our products benefit by the legal conformity guarantee indicated in articles L.217-4 et seq of the Consumer Code, and by the warranty against hidden defects indicated in articles 1641 et seq of the Civil Code, abiding that the use of said products was normal and that instructions be adhered to.

6.1 Conformity guarantee

The Buyer:

must act within two years of receiving the product;

can choose between repair or replacement of the product, subject to the cost conditions indicated in article L 217-9 of the Consumer Code;

is not required to provide proof of the existence of the lack of conformity of the product for a period of twenty-four months after the delivery thereof;

This guarantee is available to the Buyer by informing Agnès.b of the lack of conformity by e-mail sent to service.client@agnesb.fr or by postal letter sent to: Agnès b. Service client, ASM, 63 rue Edouard Vaillant, 92300 Levallois-Perret (France).

The vendor is obliged to deliver goods that are in adherence to the contract and to answer to defects that do not adhere to conformity existing when said product is delivered.

The vendor also answers to defects that do not adhere to conformity resulting from packaging/packing, assembly instructions or installation, when he is in charge of it according to the contract or when it is done under his responsibility.

6.2 Warranty against hidden defects

Moreover, Agnès.b is bound by the warranty against hidden defects of its products that render them unsuitable for their intended purpose, or that so reduce this usage that the web surfer would not have purchased them or, if aware of the said defects, would only have agreed to pay a lower price.

The Buyer must act within an interval of two years as of the discovery of the hidden defect.

In case of application of the warranty against hidden defects on the item sold, the Buyer can choose to rescind the sale or to obtain a price reduction.

The Buyer must claim this warranty by informing Agnès.b of the hidden defect by e-mail sent to service.client@agnesb.fr or by postal letter sent to: Agnès b. Service client, ASM, 63 rue Edouard Vaillant, 92300 Levallois-Perret (France).

Article 1641 of the French Civil Code

The vendor is obliged to guarantee in the case of hidden defaults of the product sold which render it improper to the use is destined to, or that it restricts so much that usage, that the buyer would not have purchased it, or would have bought it for a fraction of the price, if he had known they existed.

Article 1648 Paragraph 1 of the French Civil Code

The event that is the result of insurmountable vices must pursue legal action within a two-year delay of the discovery of said vice.

6.3 Acknowledgement of the Buyer's request

In the event of a return due to a defect, the Buyer has fifteen (15) business days from the date of delivery of the Product, to formulate and describe precisely on the return notice the potential anomalies he/she may has noticed (defective product).

If the above conditions are met, Agnès b. will then, based on the Buyer's request, refund the price thereof, provided that the product has been returned in its original packaging and accompanied by a duly completed return slip, sent to the following address:

Payment

Payment is made immediately via the Internet, unless the server is unavailable, by means of a credit or bank card issued in France or outside France by Visa, Eurocard/Mastercard or American Express, in Pounds.

However, agnès b. reserves the right to refuse any and all orders or deliveries in the event of (a) surpassing the order thresholds indicated herein, (b) ongoing dispute with the Buyer, (c) Buyer's total or partial non-payment of a previous order, (d) credit or bank card company's refusal to authorize payment, (e) non-payment or partial payment. In all these cases, Agnès b. cannot be held liable in any manner.

The bank or credit card payment transaction between the Buyer's computer and the secured payment system (SIPS) managed by OGONE, agnès b.'s partner for online payment transactions, is entirely encoded and protected using the S.S.L. (Secure Socket Layer) procedures.

8.1 Personal information

The personal information concerning Users gathered for online sales is necessary for processing orders and delivery, as well as invoicing. Such information is strictly confidential and is not disclosed to third parties except to Agnès b. subsidiaries. Any missing information will entail the automatic refusal of the order.

Pursuant to the Act 78-17 dated 6 January 1978 on data processing, files and individual liberties, any personal information gathered on the Site is registered with the French CNIL (Commission Nationale de l'Informatique et des Libertés, or National Committee on Computerization and Individual Freedoms). The User has a right to access, of objection, modify, correct, of portability and delete information concerning him or her. To exercise this right, the User must send an email to: customer.service@agnesb.eu.

For more information on the handling of your personal details, please review our legal information:

https://www.agnesb.fr/mentions-legales/legal

8.2 Cookies

While visiting the Site, information about the browsing data received from the User’s terminal (computer, tablet, smartphone, etc.) may be stored in “cookies” installed on the User’s device, subject to choices expressed by the User about cookies.These choices result especially from the User’s browser software settings when visiting the Site, which can be changed at any time. The cookies allow to recognize the device’s browser for the duration of the cookies’ period of validity.

Functions of the cookies issued from the Site

The Cookies issued from the Site are used for the purposes described below:

compile statistics and traffic volume and measure the use of the various sections of the Site (headings and content visited, click streams), which helps to improve the value and usability of the Site’s services;

store information contained in any form filled out by the User on the Site (for registration or account access) or relative to any products, services or information chosen by the User on the Site (subscribed service, shopping cart contents, etc.);

allow the User access to restricted and personalized areas of the Site, such as his/her account, based on user names, passwords and other data the User may has previously given access to;

implement security measures, such as when the User is asked to log in again to contents or a service after a certain period of time.

Such cookies enable the Site to keep only data of a temporary nature from the current session (articles selected, time spent on the Site, etc.). This information is in no manner associated with an individual User’s name and is not saved from one session to the next.

Cookies issued on the Site by third parties

Cookies may be issued by third parties on the Site, allowing them throughout the validity period of such cookies, to:

count the number of visitors of the Site, especially for statistics and/or invoicing purposes;

recognize the User’s terminal at whenever the User subsequently browses any site or service on which these third parties also issue cookies, and potentially adapt these sites and third party services or the advertisements they display, to any browsing data from the User’s terminal to which they may have access.

Choices regarding cookies

There are several ways to manage cookies. The settings that the User uses are likely to change his/her Internet browsing experience and the conditions of his/her access to any services requiring the use of cookies.

The User can choose to express or modify his/her acceptance of the use of cookies at any time as described below.

Choices available through the User’s browser

The User can configure his/her browser to allow cookies to be stored on his/her data terminal, to reject them automatically or to reject them from certain issuers. The User can also configure his/her browser so that he/she is promptly asked to accept or reject cookies before a cookie is saved to his/her data terminal. In this respect, each browser has a different way of managing cookies and cookie settings. The configuration of the browser is described in its help menu which informs of how to change cookie settings.

It is up to the user of a data terminal to decide whether or not cookies will be accepted on that data terminal. The user is free to make this choice and to modify it at any time through the settings associated with the browser used on the data terminal.

If the browser is set to accept cookies on the User’s data terminal, then the cookies used by the web pages that the User has visited will be stored temporarily in a dedicated space on the User’s data terminal. They will be readable only by the issuer.

If the User chooses to reject cookies on his/her data terminal, or if he/she removes any cookies already stored, he/she will not be able to use a number of features that are necessary to browse certain sections of the Site. For example, this would be the case for access to any of the Site’s content or services that require the User to log in. This is also the case as concerns technical compatibility when the Site cannot recognize the type of browser that the User uses on his/her data terminal, its default language and display or the country from which the User’s data terminal is connected to the internet.

If the browser is set to reject cookies on the User’s data terminal, the Site assume no responsibility for consequences related to the degraded operation of the Site’s services resulting from the Site not being able to store or view the cookies necessary for the full functioning of the Site and services.

Choices expressed online through multi-sector initiatives

The digital advertising professionals of the European Association EDAA (European Digital Advertising Alliance), managed in France by the Interactive Advertising Bureau France, offers a website at Youronlinechoices.

Here the User will find a list of the companies that belong to this initiative and which offer the opportunity to accept or reject the cookies used by these companies to customize their advertisements to the User’s browsing data: http://www.youronlinechoices.com/

This is a centralized European interface that is shared by hundreds of internet advertising professionals allowing the User to express his/her acceptance or rejection of cookies which may be used to customize the advertisements displayed on his/her data terminal to his/her browsing data. This does not preclude the display of advertisements on the websites visited by the User. It will only block the technologies that can customize advertisements to the User’s interests.

8.3 Web counter tags

Certain pages of this website may contain electronic images or "counter tags", that make it possible to count the number of hits on a page.

Such web counter tags can be used with some of our partners, mainly with a view to measuring and improving the visibility of certain pages.

In any event, information gathered by the web counter tags is strictly anonymous and serve only to compound statistics on the number of hits on a given page of the site, in order to better serve our website Users.

9.1 Liability

The sole obligation of the Agnès b. Site, concerning Site access, the order process, delivery or later services, is limited to the obligation to provide the means. The Site cannot be held liable for any inconvenience or damage inherent to using the Internet, in particular discontinuation of service, intrusion by an outside party or the presence of computer viruses.

9.2 Force majeure

In the event of total or partial non-performance by Agnès b. of any one of its obligations hereunder, Agnès b. shall incur no liability in connection therewith if such non-performance is due to a force majeure event, recognized as such by French case law.

The Parties agree that they should consult each other as soon as possible in order to determine on a mutual basis how the order should be carried out during the force majeure event.

Should the force majeure event interrupt services for longer than one (1) month, the Parties will be released from their respective obligations.

9.3 Partial invalidity

Should one or several provisions contained in these Terms and Conditions of Sale be deemed or declared invalid pursuant to any law or regulation or by virtue of a final judgment issued by a competent court, all other provisions shall remain in full force and effect.

9.4 Entirety of agreement

These Terms and Conditions of Sale and the order summary sent to the Buyer together constitute the entire agreement between the parties hereto as regards the subject matter hereof. In the event of any contradiction between those documents, the Terms and Conditions of Sale shall prevail.

9.5 Applicable law - Juridiction

These Terms and Conditions of Sale and the contractual relationship between Agnès b. and the Buyer are governed by the laws of France. In case of litigation, the French jurisdictions will exclusively be called upon. However, Agnès b. shall attempt to settle on an amicable basis before any legal action is taken.

However, pursuant to articles L.612-1 et seq of the Consumer Code, the Buyer can turn to a consumer moderator through the site www.medicys.fr in order to obtain amicable resolution of a dispute. Before contacting the said mediation service, the Buyer must without fail have first contacted the Agnès b. customer service by e-mail sent to the following address: service.client@agnesb.fr, in an effort to resolve the dispute.